Legal Question in Workers Comp in California

Re: injured on the job

Workers compensation is a statutory scheme that provides exlusivity of remedy to persons who suffer work related injuries. Bottom line, if your son was injured on the job and a 3rd party other than the employer cannot be held liable for his injuires, then his only remedy is in the workers compensation system.

Workers Compensation provides for 3/4's of lost wages (TTD) while an employee is temorarily totally disabled, and provides permenant disability benefits based upon a set fee schedule. Your son may also be entitled to vocational rehabilitation if his primary treating doctor or an agreed medical examiner opines that he is a qualified injured worker. I know it stinks but this is how the system is set up. In return for exlusivity of remedy, injured workers do not have to worry about suing their employers in civil court, and they can obtain benefits for injuries that may even be the fault of the worker himself! The tradeoff is not being able to recover general damages (pain & suffering, loss of enjoyment of life, emotional distress, etc.) In the present case, you son's only remedy seems to be in workers compensation with the facts you presented.

Re: injured on the job

I agree with Mr. Fernandez. From the facts you presented, it appears your son's exclusive remedy is in workers' compensation. What I recommend you do is re-evaluate the circumstances of the case. Under what circumstances can your son be afforded increased benefits, or a civil filing. Since you mentioned Osha, I am guessing that you have reviewed a possible proceeding under LC 132(a) for a serious and willful violation. You need to establish the employer knew there was a problem with the storage rack, or procedures used in staking materials, or failed to properly train employees in the use of same, or something similar. Understand that such proceedings require more than gross negligence. Perhpas reviewing the literature to see if similar events have occurred with the storage facilities at other employers, which would provide notice of a possible safety problem and require modifications. If you can establish a serious and willful violation, you can proceed in the civil courts, where you will be able to recover for pain and suffering. However, the statute of limitations for a civil suit is now two years, (I think. You need to see a civil attorney). If the statute has run, then your son's claim will be barred by the statute of limitations.

I hope this provides some comfort for what has undoubtedly been a tradegy.

I lived in Grover Beach and worked as a defense attorney. You might contact Mr. William Herreras or John Spatafore, both of whom are CAAA certified specialists..